Devils Lake inter-ocean. (Devils Lake, Ramsey Co., Dakota [N.D.]) 1884-1905, 1887-01-22


to make regulations for the sale Of pub
iceland under the presumption law was
vested in the secretary of the interior,
and in him alone.
The good work went bravely on.
"Under the ruling Of this Office" wrote
Mr.. Sparks, "it is held that woman
who makes a homestead entry and sub
sequently marries before completing the
same, forfeits her right thereby TO &C.
quire title to the land" His office had
never so ruled. For fifteen years the
question had been repeatedly submitted,
and every secretary and every commits.
sioner had concurred in the opinion that
marriage subsequent to entry did not
work a forfeiture Of rights. In overrul-
ing Sparks decision the secretary blunt.
" said: "Upon reference to the decis.
ions Of your Office I find that the prac-
tice has heretofore been uniform in rec.
ognizing the right Of married woman
to complete q homestead, initiated by
entry before marriage"
The fascination of n~otoriety was not
long satisfied by the Dissertation Of old
principles Of practice, the demolition Of
old rules Of law. In the legendary days
Of old, when braye knights warred with
the monsters of tradition they dissolved
the restraint of natural laws, and neither
wounds nor time, o space. foiled the
free lances Of the mvthic age. In our
time, when constitutional enactment
bears the same relation to mortals ~
lid h%eaven-born legislation to the drag.
on hunters, the free lance Of our gen
GRAFTON similarly dissolves the prohibit
tions Of his country's laws In the chap.
ter of the Revised Statutes relating to
homesteads occurs the passage. moth.
ing in this chapter shall be- 80 construed
rs to preventan person who has %availel
himself Of (its) benefits from paying the
minimum price for the quantity Of land
40 entered ut any time before the expi.
ration of five years and obtaining a pat.
ent therefor from the government, rs in
other Cases directed by law, on making
proof Of settlement and cultivation ~
provided by laA, granting presumption
rights. Que section removed from tn.
foregoing is the regulation, "Nothing
contained in this chapter shall he 81
construed rs to impair or interfere in
any ann with existing pre.emption
rights" II the decisions of the depart
ment had not repeatedly emphasized it.
the plain Significance of these passages
could not he mistaken. Mr.. Sparks IL.
nored statutes and decisions alike. H.
sald, "the claimant having exhausted his
presumption right his entry under the
COMMITTED homestead law is illegal"
But the ''bright, IONS, m to flower
of Mr.. Sparks achievement was yet tc
come. 1t was in the summer of 1886
that he promulgated his unexampled
advertisement multiplying and. repeating
the timber culture, presumption and des.
ert land laws. "The repeal of the pre-
emptlon, timber culture and desert land
laws being now the subject of considera
ton by congr' IS, all applications to en-
ter lands under said laws are hereby
suspended from and after this date unit
the LIST day of August, 1886, and you are
hereby directed to receive no filings OF
new applications for entry under said
laws during said time." This circular
was forwarded by the commissioner tc
each land Office in the United States
the telegraph heralded its coming.
The country was astounded. The
rights guaranteed by the statutes tt
every citizen were subverted. The un,
paralleled audacity Of this mar who ar
rogated the right to destroy the neces
s,ty, and annihilate the results, of legisla
ton, dumhfounded the public, and be-
fore it recovered sufficiently to make it
protests Ineligible, the secretary of tn.
interior swooped down upon the revolu
ZIONIST and forced him to whistle back
his manifesto.
We cannot 60 further with this anal
ysls. II the present congress IN it.
ways Of wisdom sees fit to increas,
the national debt as shall be neces
sary to procure for Mr.. Sparks {
copy Of the revised statutes of the Unit
ed States together with the anteceden
decisions Of his department, the extrav
agance will be defended by the who'll
northwest. And if congress will 90
step further and devise means to insure
the reading by the commissioner o
some parts Of this valuable work which
he has not vet had an opportunity t
override and repeal, it will confer an in
estimable boon upon the nations heroi
pioneers. But if legal revolution onl,
satisfies the shibboleth Of reform, If pre-
cedent Is no safeguard and statute n
defence, if special and unauthorized LEE
~i-lation is daily to imperil the results o
Industry and seIf-denial, then pray W
for The halycon days Of universal fraud
and from the Vaccinations of those VIII
"pr0pose to execute the laws rs the,
stand" good Lord deliver US.